Newly expanded I-601A immigration waiver can keep your family together

Great news!

In the name of Family Unity, The Department of Homeland Security (DHS) has just published in the Federal Register a final rule that will expand eligibility for provisional unlawful presence waivers to all individuals who are statutorily eligible for the unlawful presence waiver and who can establish extreme hardship to a U.S. citizen, or lawful permanent resident (LPR) spouse or parent.

An advance copy of the proposed rule is now available. The rule will take effect on August 29, 2016.

What does this mean?

Many more people may be allowed to get into the US under this new expansion. The program expansion will open up the waiver to many applicants who previously could not qualify. Before now, only children or spouses of US citizens could apply. Now it has opened up to include among others: the spouses and children of lawful permanent residents and the adult children of U.S. citizens and lawful permanent residents.

What is a I-601A provisional waiver?

The provisional waivers of the ten year bar, known as  – that went into effect in March 2013. This waiver is a much welcomed relief from the normal process as it allows the immigrant to stay in the US with their family while it is being processed. In order to qualify the citizen must be able to prove extreme hardship either to themselves or their families if they leave. Please read this post to find out more.

Who could benefit?

Originally, the provisional waiver only benefitted those who had petitions filed by a US citizen spouse or child.  The expansion will open the program to all applicants eligible for immigrant visa processing.

If you are: 

  • married to a lawful permanent resident
  • If you are the child of a lawful permanent resident

You should call an experienced immigration lawyer immediately to find out if you qualify for this newly expanded provisional waiver to stay in the US.

If you have any questions about this or any other immigration related question please contact me at Harlan York & Associates.



Written by: Harlan York

Immigration Attorney Harlan York is Former Chair, Immigration Section, NJ State Bar Association and Former Co-Chair, NY State Bar Association CFLS Immigration Committee. Mr. York appeared on National Television on CBS This Morning with Charlie Rose and Primer Impacto on Univision, as well as Telemundo, NBC, and PBS. He was honored as First Ever Immigration Lawyer of The Year in NJ by Best Lawyers.

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